Removal of Automatic Extensions for Certain Employment Authorization Documents

A. Basis and Purpose

B. Legal Authority

C. Summary of the Major Provisions of the Regulatory Action

D. Costs and Benefits II. Background

A. Legal Authority

B. Automatic Extension of Employment Authorization and Documentation

C. Increasing the Automatic Extension Period From a Maximum of 180 Days to a Maximum of 540 Days

D. The 2025 Interim Final Rule Removed Automatic Extensions for Certain Employment Authorization Documents

1. Added New 8 CFR 274a.13(e)

2. Modified the Heading of 8 CFR 274a.13(d)

E. Severability III. Changes in the Final Rule IV. Response to Public Comments on the Interim Final Rule

A. Summary of Comments

B. Comments in Support of the Rule

C. Comments in Opposition to the Rule and Mixed Comments

1. DHS Legal Authority

i. DHS Statutory Authority and Congressional Intent

ii. Constitutional Concerns

iii. International Law and Refugee Protections

2. DHS Justification and Need for the Rule

i. Security Rationale for the Rule

a. General Security Rationale Comments

b. Lack of Evidence Supporting Security Rationale

c. Prior Vetting of Renewal Applicants and Existing Security Measures

d. Rule Would Not Strengthen Security

e. Other Comments on Security Rationale

ii. Consistency in USCIS Rationale and Reversal of Longstanding Policy

iii. Lack of Acknowledgement of the Backlog and Other Operational Realities

iv. “Proper Planning” Rationale

3. Rationale for Eliminating the Automatic Extension of EADs

4. Impact on USCIS Processing

i. Administrative Burden and Efficiency

ii. Processing Timelines

iii. Procedural Fairness

iv. General or Mixed Feedback on USCIS Processing

5. Combined Impacts on Individuals, Employers, the Economy, and Specific EAD Categories

i. Impacts on Aliens, Families, and Communities

a. General Hardship, Fairness, Educational Disruptions, and Family Impacts

b. Mental Health and Vulnerability, Including Risk of Exploitation

c. Identification, Driver's Licenses, and Access to Services

ii. Employment, Employers, and Economic Impacts

a. Employer Burdens, Business Continuity, and Sector Specific Concerns

b. Immigrant Contributions to the Economy and Macroeconomic and Local Economic Impacts of the Rule

iii. Relief for Specific Immigration Categories

a. Impact on Refugees, Asylees, Asylum Seekers, Unaccompanied Alien Children (UACs), and Other Humanitarian Categories

b. Impact on Employment-Based Nonimmigrants, Their Dependents, and Employment-Based Green Card Applicants

6. Clarification Request

7. Recommendations for the Automatic Extension and EAD Validity Period

i. Maintain the Automatic Extension, Including Various Lengths of the Extension Period

ii. Consecutive EAD Validity Periods

iii. Allowing Application Filing Earlier Than 180 days

iv. Enhanced Vetting

8. Processing Capacity and Timelines

i. Timely Processing of Renewals

ii. Increase Resources and Staffing

iii. Prioritize Initial EAD Reviews

9. Coordination, Guidance, and Outreach

i. Additional Guidance and Communication

ii. Accountability

10. Other Alternatives and Recommendations

11. Administrative Procedure Act

i. “Good Cause” for Bypassing the Notice and Comment Period

ii. “Foreign Affairs” Exception

iii. Reasoned Decision-Making Requirement

iv. Arbitrary and Capricious/Procedural Deficiencies That Violate the APA

v. Reliance Interests

vi. Failure To Consider Alternatives

vii. Comment Period

viii. Comment Submission Requirements

12. Regulatory Impact Analysis

i. Methodology

ii. Impact on Individuals

iii. Impact on the U.S. Economy, Employers, and Labor Force

iv. Other Comments on the RIA

13. Regulatory Flexibility Act

14. Paperwork Reduction Act

15. General Comments on Statutory and Regulatory Requirements

D. Additional Out of Scope Comments V. Statutory and Regulatory Requirements

A. Administrative Procedure Act: Delayed Effective Date

B. Executive Order 12866 (Regulatory Planning and Review), Executive Order 13563 (Improving Regulation and Regulatory Review), and 14192 (Unleashing Prosperity Through Deregulation)

1. Affected Population

2. Economic Impacts of the Final Rule

Module A

Module B

Module C

C. Regulatory Flexibility Act (RFA)

D. Unfunded Mandates Reform Act of 1995 (UMRA)

E. Congressional Review Act (CRA)

F. Executive Order 13132 (Federalism)

G. Executive Order 12988 (Civil Justice Reform)

H. Family Assessment

I. Executive Order 13175 (Indian Tribal Governments)

J. National Environmental Policy Act (NEPA)

K. Paperwork Reduction Act List of Subjects and Regulatory Amendments